Legal Insights
Plain-language guides and case briefs on Philippine law — researched from the firm's law library of 184,000+ statutes, Supreme Court decisions, and agency issuances, and written so non-lawyers can understand and act on them.
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Retrenchment vs. Redundancy in the Philippines: Authorized-Cause Terminations Explained
Retrenchment vs redundancy in the Philippines: both are authorized causes for termination, but they differ in reason, procedure, and requirements.
Retrenchment in the Philippines: Proving Business Losses Under Article 298
Retrenchment is legal only if employers prove serious, ongoing losses. The Philphos case shows what evidence courts require.
Unlawful Termination Employer Liability FOR Extended Business Suspension AND Retrenchment Requirements
When a business suspension exceeds six months and retrenchment rules are ignored, employers face illegal dismissal liability. Learn the rules.
Constructive Dismissal vs Management Prerogative: Balancing Employee Rights and Business Needs
Philippine Supreme Court clarifies that labor contracts cannot override statutory security of tenure; retrenchment requires proof of actual business losses.
OFW Illegal Dismissal: Philippine Labor Laws Protect Workers Abroad
Philippine labor laws protect OFWs from illegal dismissal, even abroad. Learn the rules on retrenchment, due process, and remedies.
Understanding Illegal Dismissal When Mistakes Dont Justify Firing
Philippine Supreme Court clarifies when retrenchment is illegal dismissal, requiring proof of losses and fair selection criteria.
Understanding Retrenchment Legal Requirements and Employee Rights in the Philippines
Philippine Supreme Court clarifies retrenchment rules: employers must prove serious losses, use fair criteria, and follow notice requirements.
Retrenchment During Corporate Rehabilitation: When Audited Financial Statements Aren't Required
Supreme Court clarifies that employers under corporate rehabilitation may prove severe financial losses without audited financial statements in retrenchment cases.
Voluntary Resignation vs Illegal Dismissal: Retrenchment and Employee Rights
When does a resignation during retrenchment become illegal dismissal? The Supreme Court clarifies the rules on voluntary resignation and employee rights.
Illegal Dismissal: PAL's Duty to Prove Valid Retrenchment Explained
Philippine Airlines failed to prove valid retrenchment, making employee dismissals illegal. Learn the burden of proof employers must meet.
Stare Decisis in Retrenchment Cases: When Prior Rulings Bind Similar Claims
The Supreme Court applies stare decisis to deny reconsideration in a retrenchment case, affirming that identical issues and parties with common interest are bound by prior rulings.
Demotion Reversal: Salary Differentials Despite Retrenchment and Retirement
Philippine Airlines v. Bichara clarifies that a final judgment on illegal demotion entitles an employee to salary differentials, even after retrenchment and retirement.
Retrenchment and Stare Decisis: Upholding Valid Business Decisions in Labor Disputes
The Supreme Court applies stare decisis to uphold Pepsi-Cola's retrenchment program, affirming the validity of the Corporate-wide Rightsizing Program.
Redundancy vs Retrenchment: Protecting Employees From Illegal Dismissal
The Supreme Court clarifies the distinction between redundancy and retrenchment, and the rules employers must follow to avoid illegal dismissal.
Invalid Retrenchment: Bad Faith Termination and Employee Rights to Reinstatement and Backwages
Philippine Supreme Court ruling on invalid retrenchment, bad faith termination, and employee rights to reinstatement with full backwages.
When Business Downturns Lead to Employee Layoffs: Understanding Retrenchment Under Philippine Law
Learn the legal rules on retrenchment in the Philippines, including valid grounds, procedural requirements, and worker protections.
Business Closure vs Retrenchment: Protecting Workers' Rights in the Philippines
The Supreme Court clarifies the difference between business closure and retrenchment under Philippine labor law, and when separation pay is required.
Retrenchment Validity: Balancing Employer Prerogative and Employee Security of Tenure
The Supreme Court clarifies the requisites for valid retrenchment and when quitclaims bar illegal dismissal claims in Pepsi-Cola v. Molon.
Due Process vs Valid Dismissal: Balancing Employee Rights and Employer Authority in Termination Cases
The Supreme Court clarifies the requisites for valid retrenchment, distinguishing authorized causes from procedural due process in termination cases.
Retrenchment vs Illegal Dismissal: When Business Downturns Justify Employee Separation
Learn when retrenchment is valid under Philippine labor law and how procedural lapses affect separation pay and employee rights.
Retrenchment in the Philippines: Balancing Business Needs and Employee Rights
The Supreme Court clarifies the rules on valid retrenchment, including fair selection criteria and the 30-day notice requirement to DOLE.
Illegal Dismissal, Retrenchment, and Redundancy: Key Rules from Lambert Pawnbrokers v. Binamira
Supreme Court clarifies the rules on retrenchment, redundancy, and corporate liability in illegal dismissal cases, and when damages apply.
Retrenchment and Release: Balancing Employer Rights and Employee Protection in the Philippines
Philippine Supreme Court clarifies valid retrenchment requirements, the role of quitclaims, and when nominal damages apply in labor cases.
Retrenchment Validity: Balancing Employer Rights and Employee Protection in Downturns
The Supreme Court clarifies when retrenchment is valid, the role of quitclaims, and the limits of procedural due process in labor dismissals.